As part of the Department of Labor’s spring 2010 regulatory analysis, it is being proposed that the Fair Labor Standards Act (FLSA) requirements be changed to foster openness and transparency to encourage greater compliance. Rather than relying on a “catch me if you can” investigation by the Department, the DOL is considering a proposed rule requiring covered employers to notify workers of their rights under the FLSA and provide information regarding hours of work and wage computation. In general, these kinds of things are already done, but the proposal also states that, if you seek to exclude a worker from overtime coverage, you will be required to perform a classification analysis, for basically all positions, disclose that analysis to the workers treated as exempt, and retain that analysis to give to the Wage-Hour Department enforcement personnel when requested. It is proposed that failure to meet these additional obligations would be a violation of the law itself. http://www.dol.gov/regulations/factsheets/whd-fs-flsa-recordkeeping.htm